City Council Minutes

TUESDAY, April 19, 2011
REGULAR COUNCIL MEETING
6:00 P.M.

1. CALL TO ORDER: Mayor Robin Border called the City of Hilshire Village Council
Meeting to order at 6:00 P.M. at 8301 Westview, Houston, Texas 77055.

1.1 Invocation: was given by Council Member Whiting.

1.2 Present: were Mayor Robin Border, Mayor Pro Tem Connie Castro and Council
Members Shannon Whiting, Stephanie Post and Edward Davis. Also present were Chief
Gary Finkelman, Spring Valley Police Department, Efrain Him, P.E., HDR/Claunch &
Miller, Inc., City Engineer, Ted Lazarides, Building Official, Nathan Krupke, City Auditor,
Belt Harris Pechacek, LLLP and Mario Del Osso, City Attorney, Olson & Olson. Council
Member Bill Bristow and David Olson, City Attorney, Olson & Olson were absent.

2. CITIZENS COMMENTS:

Grady Farris, 1138 Glourie, read an email that he had sent to the Council and the
Board of Adjustments relating to the minutes of the Hilshire Village City Council on June
16, 2009 where Mayor Border told Council that he had approved the $2,500 survey cost
to help resolve the drainage issues. To date Mr. Farris said he has not received an
answer to his concerns relating to the actual funds spent by the City.

City Secretary Blevins read an email that Steve Tacconelly, 8013 Anadell, had
requested to be read out loud asking Council to vote “no” to the consent to the
encroachment of the fence in the easement at 1209 Pine Chase.

Larry Wilkerson, 1305 Glourie Drive, read a letter written by Robert Wilkerson to the
City Council regarding the practice of not tying in rain gutters to underground drainage
systems. He felt each drainage system should be dealt with on a case by case basis
taking into account the flow patterns, the immediate vicinity as well as the proximity of
adjacent buildings.

Robert Wolf, 1205 Pine Chase, stated he was against any type of obstruction being
allowed in the drainage easement at 1209 Pine Chase. He stated that during Hurricane
Ike residents had to remove debris from the drainage easement and if it was fenced off
there would be no access. Mr. Wolf stated a fence would obstruct the free flow of water
on the property.

Zandra Anderson, 8214 Mallie Court, stated that allowing a builder to build in a
drainage ditch was against Ordinance 7.40 and it might set a precedent and might open
the floodgate throughout the Village. She said the natural occurrence is enjoyed by two
(2) property owners but belongs to the City and should not be blocked off by any one
property owner. Ms. Anderson said there was also a state statute regarding impeding
natural flow of water. She also commented on the discussion item regarding maximum
lot coverage. Ms. Anderson stated the Ordinances 11.0 refers to District “A” and the
12.0 Ordinances refer to District “B”. The percentages would relate to both Districts.
She stated District “B” has a smaller square footage than the 12,000 minimum in District
“A”.  However, there are lots in District “A” that did not meet the 12,000 sq. foot
minimum.

3. REPORTS TO COUNCIL:

3.1 Police: Chief Finkelman said during the month of March there were three (3)
motor vehicle burglaries where residents had left their cars unlocked. He reminded
everyone to lock their car doors and to park in their driveway or in their garage if
possible. Chief Finkelman reported three (3) arrests. One (1) arrest was a result of a
traffic incident and the other two (2) were a result of a house being burglarized across
Wirt Road in Houston.

3.2 Auditors Review: Nathan Krupke, partner with Belt Harris Pechacek, said the
City hires his firm to express their opinion on the City’s financials.  He stated after
conducting their audit in accordance with generally accepted auditing standards in the
United States, he was proud to announce that his firm had given their highest level of
assurance that the City’s financials were free from material mistakes by giving the City a
clean opinion. Nathan wanted also to announce that through all their testing there was
not a Management Letter as in the past and he wanted to commend City Secretary
Blevins for doing a great job with the accounting records. Mayor Border thanked Nathan
for all his hard work and that he and the City Secretary had reviewed the audit several
times and he did not have any issues. He stated the biggest issue is that the City
reports its finances on a cash basis and the auditors use a modified accrual basis.
Mayor Border said it is sometimes difficult to tie the two together.

3.3 Building Official: Ted Lazarides stated there were nine (9) permits issued and
thirty-five (35) inspections completed in the month of March. He stated one of the
inspections was a building final for 1307 Glenhilshire for a small remodel job.   Ted
Lazarides wanted to inform Council that he was requiring that all new fences have a
minimum of a four (4) inch gap under the fence for water flow.

3.4 Fire Commissioner: The Mayor said he was out of town for the last Fire
Commissioner’s meeting; however, after discussing the meeting with the other
Commissioners he can announce there were no changes. The Commissioners will be
having another meeting regarding adjusting some of the benefits. Mayor Border stated
there is an accounts payable fund that has not been reduced in many years and the
Commissioners are looking into what affects the account.   He said the focus of the Fire
Commissioners is to reduce the budget if possible.

3.5 City Secretary: City Secretary Blevins went over the complaint log and she
reported on a couple of the issues, one being a resident reported that another neighbor’s
back yard was a health and safety issue. Council approved the Building Official to check
into the situation. City Secretary Blevins reported that the resident at 1007 Ridgeley had
complained again regarding his ditch being too steep and dangerous to mow. She also
reported that there had been additional reports of brown water and low water pressure.
City Secretary Blevins reported she had attended a budget seminar in preparation of this
year’s budget.  She explained the Consent Agenda items. City Secretary Blevins stated
8.3 was an ordinance correcting construction hours so that the Municipal Code could
correct the codes online. She explained that she had passed out a new election
certification because the one in the Council’s packet was incorrect. In regards to 8.5
City Secretary explained the donation to the Civic Club would only be given if they build
the July 4th float. City Secretary Blevins stated 8.8, the Investment Policy, was the same
as last year and needed to be approved on a yearly basis. She said the auditor had
already approved it.

3.6 Treasurer’s Report: City Secretary Blevins stated the City’s revenues were up
for the year to date and expenses were still down.   She presented the 2nd quarter
Investment Report. City Secretary Blevins stated she met with representatives from
Wells Fargo Bank and received information regarding their services and bank charges in
which she has not reviewed at this time.

3.7 Engineer’s Report: Efrain Him stated he prepared and submitted the additional
information package to Mr. Doug Rowell, the State Hazard Mitigation Specialist, on
March 23, 2011.

Efrain stated the State did not have an objection to the alternate procurement procedure
of requesting quotes/proposals on the City Hall Emergency Generator Project.

Efrain stated he had prepared and transmitted the 100% Final Submittal Package to the
Texas Department of Rural Affairs on the $204,682 grant. The City is still waiting on the
new Environmental Review Record (ERR) for the project; however, the package has
been conditionally approved.  The City can’t start the project until the ERR has been
completed and submitted.

Efrain stated the project specifications and schematics for replacement of the two (2)
existing A/C units at City Hall had been finalized and requests for quotes will be going
out.

Efrain stated the City received a letter from TCEQ dated April 6, 2011 denying the City’s
request for a waiver of the Emergency Preparedness Plan requirement citing that the
information submitted by the City did not demonstrate that compliance with the EPP
requirements were a significant financial burden on the City’s residents.  A second letter
was received on April 14, 2011 stating that the City was not in compliance with the EPP
requirements; therefore, the TCEQ Enforcement Division would be following up with the
enforcement of the requirements. Mayor Border explained this was the most incredible
thing he has been through since he has been on Council. He explained that TCEQ
requires that the City provide 35 pounds of water pressure during an emergency
operation. He said during Hurricane Ike the City had to boil water along with the City of
Houston. The rules have changed and every water provider has to have an emergency
backup system. The City estimated the cost at two million dollars which is over $6,000
per household and it was denied because of inadequate hardship. The Mayor was
hoping that the City could supply enough information through a City’s Engineering
Report to get the exception. Efrain stated the only way to do that would be to supply a
model of the City of Houston’s water system and that would be cost prohibited. He
stated he would like to work on another option where the City of Houston would provide
a letter or contract stating they will supply the 35 pounds of pressure. Efrain stated that
the City of Houston is also not in compliance. He said another option would be to
connect with the City of Spring Valley because they are pumping well water. Efrain also
stated that the City looked into contacting the Subsidence District to see if they would
allow the City to get a permit for a well if they disallow it that would put the two (2)
departments against each other. He also recommends contacting Senator Patrick for
his assistance.

Efrain stated it was HDR/Claunch & Miller’s recommendation that the proposed culvert
at 1211 Pine Chase be set at the current ditch elevations, since it is located on the
downstream end of the drainage area and it would be at least 90 days before the City
starts improvements from the TDRA Grant.

As requested by the City, Efrain stated HDR/Claunch & Miller has revised the City’s
Drainage Guidelines to address prohibiting rain gutter downspouts to tie into the storm
sewer pipes that drain directly into front or adjacent ditches.

4. ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):

4.1 Council Member Whiting made a motion to approve the consent to the
encroachment of a fence to be built in the City’s Right-of-way at 1209 Pine Chase. No
second was made.

4.2 Council Member Whiting made a motion to approve the City’s Drainage
Guidelines for newly developed or redeveloped properties including the practice of tying
rain gutter downspouts into drainage lines that drain directly into the front ditch of the
owner’s property, seconded by Council Member Post. Mayor Border said the longer the
rain water stays on the property the better it is for the City’s drainage.  He said he is
trying to slow the amount of water going into the City’s ditches. Mayor Pro Tem Castro
understood the guidelines were saying you could not tie directly into the front or side
ditch but she felt clarification was needed. She wanted something in the guidelines
saying the downspouts could tie into a drain box on the property. Mayor Border said he
was looking for ways to improve drainage. Council Member Post questioned the City
Engineer, asking for his opinion. Efrain Him said it was a good idea to hold the water on
the individual properties as long as possible. Council Member Davis questioned the use
of drain boxes stating if you want to reduce the time of water concentration, you would
need a box deeper than the ditch. The Mayor stated that the box would not have a
bottom and should be large. Council Member Whiting said that not tying the downspouts
to the ditches was a sound concept. Efrain said each lot has to be looked at individually.
Mayor Border indicated swales were the best system. A motion was made by Council
Member Davis to table the motion to approve the City’s Drainage Guidelines for newly
developed or redeveloped properties including the practice of tying rain gutter
downspouts into drainage lines that drain directly into the front ditch of the owner’s
property, seconded by Mayor Pro Tem Castro. A vote was taken to table the motion
to approve the City’s Drainage Guidelines for newly developed or redeveloped
properties including the practice of tying rain gutter downspouts into drainage
lines that drain directly into the front ditch of the owner’s property. The vote
passed unanimously.

5. DISCUSSION ITEMS:

5.1 Maximum lot coverage where the property is less than the underlying
zoning requirement. Mayor Border said that there were a great deal of lots that can be
developed which are under the 12,000 square feet minimum in Zone “A”. He wanted to
know if Council was interested in minimizing the allowable size of houses to be built so
that trees could grow and minimize drainage issues. Mayor Border would like to
increase the side setbacks. He is aware that the City’s attorney has legal concerns.
Council Member Post wanted to know if there could be some flexibility in the back
setbacks. Mayor Border said that they needed to give Ted Lazarides some parameters
and have him work on the criteria. Mayor Border is concerned about trees. He said
trees help with drainage. Mario Dell Osso said the Zoning Ordinances preserve light, air
and space as well as safety and health of the residents. He said the City can address
these issues through coverage of a lot, setbacks and height; however, it would need to
be justified. Mario said the City needs to stay away from discrimination like addressing
smaller lots and smaller houses. Mayor Pro Tem Castro said it needs to be on all lots not
just the smaller size lots. Ted Lazarides said the ordinances already control the size of
the house on the smaller lots through the setbacks. He said the issues are with the
larger lots because the setbacks are the same as the smaller lots. After discussion, it
was the side setbacks and the fact that maybe they ought to be a percentage of the size
of the lot that should be addressed. Ted said that the City needed to start with the
smaller lots and work upwards.   Mayor Border will put this on the Agenda again next
month.

The Building Official was excused at this time.

5.2 TCEQ possible denial of a waiver from the Emergency Preparedness Plan.
Efrain asked City Council for permission to call the Subsidiary District. Mayor Border
said he called the Subsidiary District last year to see if he personally could drill a well
and he was told “yes” as long as it was under a certain size. Council Member Post
asked about the cost to tie into Spring Valley’s water and Efrain said that the City would
have to tie into a 12 inch water line behind Home Depot. Council Member Post also
inquired about the length of time the City had to comply with TCEQ. Efrain said that
exact time frame has not been given. He suggested that the City write a letter to TCEQ
telling them the City was working to resolve their mandate. Efrain said the best solution
would be for the City of Houston to redo the City’s contract.   He also mentioned writing
Senator Patrick. Mayor Border said that all avenues need to be addressed prior to
reaching out to the Senator. Council Member Post said that the City may have to ask the
County for the Park to be used to build a water system.

The City Engineer was excused at this time.

ACTION ITEMS (CONSIDERATION AND POSSIBLE ACTION):

The Regular Council Session was recessed at 7:45 P.M.

6.1 CLOSED EXECUTIVE SESSION: Council went into Executive Session to
discuss the lawsuit filed by Grady Farris against Ted Lazarides in his official capacity
and the dedication of Bridle Spur Lane.

Adjourn the Executive Session at 8:18 P.M.

Reconvene the Regular Council Meeting at 8:20 P.M.

6.2 Mayor Border said no action would be taken regarding the Executive Session.

The City Attorney was excused at this time.

6.3 Council Member Post made a motion to increase the Mayor’s purchasing authority
from $1,000 to $10,000. No second was made. Mayor Border said that this topic came
up when the lift station blew a seal and the cost to make repairs was around $5,000. He
could have approved the repair of the pump because it was an emergency situation.
However, the City used Severn Trent to make the repairs and the City already has a
contract with them for emergency repairs.

6.4 Authorize the City Secretary to purchase a new copy machine not to exceed
a certain dollar amount. City Secretary Blevins said she had not received sufficient
quotes and wanted authority to spend up to a certain amount. City Council agreed that if
the City could purchase the copier for $1,000 the Mayor could authorize it; otherwise, the
decision should be brought back to Council next month.

7. REPORTS TO COUNCIL

7.1 Mayor and Council:

Mayor: None

Davis – Public ROW: Council Member Davis said he had not been successful with
talking to the residents. However, he said there was a tree in the ROW which would
make removing the stone wall difficult. Council Member Davis said he would continue to
work on the issue.

Davis – Flushing Fire Hydrants to alleviate Brown Water: Council Member Davis
stated he met with Severn Trent to discuss flushing the fire hydrants. He stated the fire
department was not flushing fire hydrants anymore for any City. City Secretary Blevins
stated she talked to Joe Williams with Severn Trent to see what they were doing. She
said that Joe Williams did not want to come to City Council for extra money to flush the
hydrants. Instead he would try to do it along with the weekly maintenance. City
Secretary Blevins said that Joe Williams was also concerned with the cost from the City
of Houston for extra water usage to flush the hydrants.

Whiting- Bridle Spur: None

8. CONSENT AGENDA:

8.1 A motion was made by Council Member Davis to approve the consent agenda
including disbursements of invoices, minutes of the Regular Council Meeting on March
15, 2011, Ordinance 657 correcting the construction hours, Ordinance 658 cancelling
the Municipal Officer’s Election, donation of $750 to Villages Independence Festival, a
temporary permit allowing the Hilshire Village 4th of July Festival Float to be parked
outside during the construction and tear down, Resolution Number 117 acknowledging
the review and approval of the Hilshire Village Investment Policy and the minutes of the
Special Council Meeting on April 4, 2011, seconded by Council Member Whiting. A
vote was taken to approve the motion approving the consent agenda including
disbursements of invoices, minutes of the Regular Council Meeting on March 15,
2011, Ordinance 657 correcting the construction hours, Ordinance 658 cancelling
the Municipal Officer’s Election, donation of $750 to Villages Independence
Festival, a temporary permit allowing the Hilshire Village 4th of July Festival Float
to be parked outside during the construction and tear down, Resolution Number
117 acknowledging the review and approval of the Hilshire Village Investment
Policy and the minutes of the Special Council Meeting on April 4, 2011 . The vote
passed unanimously.

8.5 Mayor Pro Tem Castro questioned the attachment regarding the donation which
listed the library. City Secretary Blevins stated in July she would be asking for
authorization for the donation to the library for $250.00. Mayor Pro Tem Castro made a
motion to approve the authorization of the donation of $500.00 to the Hilshire Village
Civic Club to fund the Hilshire Village City Parade Float for the 4th of July Independence
Festival, seconded by Council Member Whiting. Mayor Border stated that no donation
would be made if the Civic Club did not build the float. A vote was taken to approve
the authorization of the donation of $500.00 to the Hilshire Village Civic Club to
fund the Hilshire Village City Parade Float for the 4th of July Independence
Festival. The vote passed unanimously.

9. ADDITIONAL CITIZENS COMMENTS:

Grady Farris, 1138 Glourie, stated previously Mr. Lazarides accidentally misinformed
Council that the ordinance states that a swimming pool was impervious. He stated he
agreed with the Mayor‘s statement that swales were the best method for drainage. He
did not believe the City should allow the home owners to modify their property after the
Certificate of Occupancy had been issued. He asked “why bother having the drainage
and building requirements in the first place?” Mr. Farris was concerned with all the
changes 1309 Glourie residence had made since the Certificate of Occupancy had been
issued. He said the ordinances were being violated.

Alan Wolfe, 1314 Pine Chase, commented on the downspout issue stating he believed
a landscape architect should be used to help with draining properties. Mr. Wolfe said
that in November Council approved a Fire Sprinkler Ordinance for existing homes and
he would like for Council to bring the subject back up for discussion. He also
commented that there were limits to the amount of water that could be pumped using
water wells.

Larry Wilkerson, 1305 Glourie, stated regarding the downspouts that there was a fine
balance as to how much water the land could hold.

10. ANNOUNCEMENTS: None

11. ADJOURNMENT: Council Member Davis moved to adjourn, seconded by Council
Member Post. A vote was taken to approve the motion to adjourn the meeting.
The motion passed unanimously. The meeting was adjourned at 8:53 P.M.



       ____________________
       Robin S. Border, Mayor
ATTEST:

__________________________
Susan Blevins, City Secretary